Court date for MUA and Asciano

Wharfies’ attempts to stop
Asciano
proceeding with automating its Patrick stevedoring operations at Port Botany will receive an initial hearing in the Federal Court today.

The Maritime Union of Australia is pushing for an injunction to stop Asciano moving ahead with the automation plans and argues the company breached the requirement to consult over major workplace change, as required by its enterprise agreement.

The legal action comes as Asciano’s chief executive,
John Mullen
, acknowledges the difficulty of transforming the ports and rail group into a 21st century company in an interview with The Australian Financial Review’sBOSS magazine today.

Mr Mullen says automation is a “critical" part of the company’s ports growth strategy and is necessary to remain competitive with more sophisticated operators such as Hong Kong’s Hutchison Ports, which will open a container terminal at Port Botany in 2013, and to develop a more diverse workforce.

“If we can automate further, use more technology, show that we’re a leading-edge business, instantly we’ll become more attractive to a wider range of people," Mr Mullen told BOSS.

But the MUA is incensed Asciano’s management did not reveal the plan, which involves sacking about half Port Botany’s 511-strong workforce, during 20 months of negotiation for a new enterprise agreement.

The union’s national secretary,
Paddy Crumlin
, has criticised Mr Mullen for a “single-mindedness which borders on arrogance".

The quest for an injunction stopping the entire project indicates the union will push a major campaign over the medium term to get consultation on the project.

Related Quotes

Company Profile

Mr Crumlin, who is also president of the International Transport Workers Federation (ITF), is raising the Patrick plan during talks on automation with leaders of global maritime unions in Washington DC this week.

Asciano said it was “disappointed" by the MUA’s decision to initiate legal action and that it was confident it had complied with its consultation obligations. “We could not have been more open and transparent regarding the planned changes and ensuring that we provide as much time as possible to consult on these changes which are not planned to take effect until mid 2014."

Legal sources say the MUA faces an uphill struggle in winning an injunction, given lengthy lead times for the introduction of new so-called “AutoStrads" – automated machines that move and stack containers – at the port. The company has said the cranes were ordered last month for delivery in late 2013.